Terms and Conditions

1. ACCEPTANCE OF TERMS

BYTSYZ welcomes you. BYTSYZ e-Learning Ltd (also known as bytsyz.co.uk and BYTSYZ e-Learning and BYTSYZ) provides its Services subject to the following Terms and Conditions (T&C), which may be updated by us from time to time without notice to you. You can review the most current version of our T&C at any time via the BYTSYZ website.

You enter into an agreement with BYTSYZ that is subject to the T&C described herewith if you:

• Register as a BYTSYZ Student
• Access BYTSYZ as an Agent to manage the training of other individuals.

2. DELIVERY OF SERVICE

BYTSYZ is only available to the above categories of users. Access to BYTSYZ Student Registration is through the use of the BYTSYZ Registration Key, which is supplied by a recognised BYTSYZ Agent. BYTSYZ provides users with access to an extensive range of resources, available exclusively on-line through access to the website, this is the "Service".

BYTSYZ Students can access:

• The course Induction materials
• The course learning materials for the registered online course
• The assessment materials for the registered online course
• Various methods of communication to BYTSYZ and other BYTSYZ Students
• BYTSYZ Policies
• The BYTSYZ Unit that underpins the online course being studied.

BYTSYZ Agents can access:

• Up to date information on available BYTSYZ Registration Keys
• To create BYTSYZ Registration Keys to enable Student registration
• Communication facilities to contact BYTSYZ
• To records of allocated BYTSYZ Registration Keys
• A Real time environment to enable monitoring of BYTSYZ Student activity as they work through their BYTSYZ online course
• Their own Company details with the facility to update these at any time
• The facility to change the login password.

All new developments implemented by BYTSYZ to extend or enhance the Service, are subject to the T&C. You agree that the Service provided by BYTSYZ is "as is" and that BYTSYZ assumes no responsibility for the timeliness, removal, non-delivery or failure to save any user information or settings.

3. STUDENT AND AGENT OBLIGATIONS

When using BYTSYZ you agree:

• To use the Microsoft Certified Software (Internet Browser - Microsoft Internet Explorer version 6, 7 or 8) OR apple Mac OS X and Safari Internet browser.
• To use the Service only for the purposes for which it is designed as stated within this T&C
• Not to use this Service in relation to fraudulent activity of any kind
• Not use this Service for any kind of illegal or subversive activity or any activity other than the sole purposes for which it is designed as described in this T&C
• That your Student Registration with or Agent Access to BYTSYZ is not transferable and you will not share your Username and Password or pass your Username and Password to any third party whether freely or for financial or any other form of gain
• Both BYTSYZ Students and BYTSYZ Agents must confirm to have read and completely agree to BYTSYZ Terms and Conditions
• Access to BYTSYZ will be cancelled for contravening the BYTSYZ Terms and Conditions and there will be no refund of any fees paid
• To access material, contained therein, for your own personal use and not to distributed it in any form or use it in a commercial or professional manner
• Not to use BYTSYZ access to "spam" other BYTSYZ users or to solicit goods, services or publish any material containing advertising without the written consent of BYTSYZ. Failure to obtain such permission will be seen as advertising without consent and BYTSYZ will reserve the right to charge a £1,000 advertising fee/spamming fine
• Not to advertise or communicate any kind of personal information, web links or contact details other than what is officially allowed by BYTSYZ
• Not to communicate through any of the media resources available on BYTSYZ, anything that could have an adverse influence on any other users' perception of BYTSYZ
• Not to upload Material or Content onto BYTSYZ that contains naked or obscene images or makes any reference to any obscene acts or activities. BYTSYZ will report all such incidents immediately and directly to the Police
• Not to interfere with another user's enjoyment of BYTSYZ nor to discriminate against any user based on their race, ethnicity, gender, disability, religion, sexual orientation or any other preferences
• To remain polite and decent with the other users at all times. BYTSYZ is an environment that allows only civilised and pleasant exchanges of information, ideas and views
• Not to upload, post, email or otherwise transmit any content, which is: unlawful; protected by copyright; confidential; infringed by any patent, trademark or trade secret; harmful; of a sensitive nature; threatening; vulgar; defamatory; obscene; abusive; harassing; libellous; tortuous; invasive of the privacy of another user; hateful or racially, ethnically or otherwise objectionable
• Not to impersonate any user of BYTSYZ or BYTSYZ Official or falsely state or otherwise misrepresent your affiliation with a person or entity
• Not to upload, post, email or otherwise transmit any unsolicited or unauthorised: advertising; promotional material; "junk email"; "spam"; "chain letters"; "pyramid schemes" or any other form of communication, except in those areas that are designated fit for purpose and with the express permission of BYTSYZ
• Not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Not to "stalk", harass or collect and store personal information on other members or users of BYTSYZ
• Not to download data from the BYTSYZ web site using any automated means including: crawlers, prowlers or the like
• BYTSYZ will remove any material or content that in its opinion may cause offence to other BYTSYZ users. This will be actioned without consultation with or the permission of any BYTSYZ user.

Failure to abide by the obligations described herewith will result in the immediate withdrawal of BYTSYZ Access and the blocking of the BYTSYZ Username without prior notice or explanation by BYTSYZ. At this point BYTSYZ is absolved of any obligation to the user in question and is not liable for the repayment of any fees or part-fees relating to the cancellation.

4. DISCLAIMER

BYTSYZ will at no time be liable, or where applicable refund fees paid, particularly but not solely where:

• A user can no longer gain access to the worldwide web and thus BYTSYZ
• A user loses a username and/or password which prevents access to BYTSYZ
• There is inappropriate communication by a third party through accessing BYTSYZ
• A member's email account is suspended or withdrawn which prevents subsequent communication with BYTSYZ
• There is damage to hardware or software resulting from the downloading of material from BYTSYZ.

At no time whatsoever, does BYTSYZ purport to make guarantees to any user of BYTSYZ that accessing this Service will meet their needs, desires or wishes.

5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Any information (with the exception of personal details) sent or uploaded to BYTSYZ by whatever means will be retrieved and will become BYTSYZ property. By uploading or submitting content/information via any means, you grant BYTSYZ an infinite, world-wide, royalty free and non-exclusive license(s) to: use; distribute: reproduce: modify: adapt: publicly perform and publicly display the aforementioned content/information.

6. INDEMNITY

None of the BYTSYZ courses infer a licence to practice, nor do they infer competence of practical skills. You agree to indemnify and hold BYTSYZ, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, either due to personal injury or made by any third party due to or arising out of mistakes in practice who could be harmed or put at risk as a result of poor practice.

You agree to indemnify and hold BYTSYZ, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the BYTSYZ Service, your use of the BYTSYZ Service, your connection to the BYTSYZ Service, your violation of the T&C, or your violation of any rights of another.

7. PRIVACY POLICY

Membership data and other information about you, is subject to the BYTSYZ Privacy Policy. For more information read the BYTSYZ Privacy Policy via the BYTSYZ website.

8. NO RESALE OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or professional purposes, any portion of the BYTSYZ Content or Service.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that BYTSYZ may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that it will retain personal messages and data.

You agree that BYTSYZ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

You acknowledge that BYTSYZ reserves the right to delete or modify any Content at any time.

You further acknowledge that BYTSYZ may modify these General Practices at any time and without notice.

10. MODIFICATIONS TO SERVICE

BYTSYZ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BYTSYZ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION OF ACCESS TO BYTSYZ

You agree that BYTSYZ may, under certain circumstances and without prior notice: cancel your access in addition to deleting Content. Cause for such cancellation and deletion shall include, but not be limited to:

• Breaches or violations by you of the T&C or other incorporated agreements or guidelines
• Requests by the police or other government agencies
• A request by you (a self-initiated deletion request)
• Discontinuance or material modification to the Service (or any part thereof)
• Unexpected technical or security issues or problems
• Your engagement in fraudulent or illegal activities
• Non-payment of any fees owed in connection with the Service.

12. DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of the BYTSYZ Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. BYTSYZ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

BYTSYZ makes no warranty that:

• The Service will meet your requirements
• The Service will lead to any kind of acceptable outcome for yourself or a third party
• The Service will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of the Service will be accurate or reliable
• The quality of any products, services, information, or other material obtained by you through the Service will meet your expectations
• Any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

13. LINKS

BYTSYZ or third parties may provide links to other World Wide Web sites or resources. BYTSYZ has no control over such sites and resources, therefore, you acknowledge and agree that BYTSYZ is not responsible for the availability of such external sites or resources; nor does not it endorse or is responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BYTSYZ is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource. BYTSYZ will not be liable for any damage to hardware or software caused through accessing any links provided.

14. LIMITATION OF LIABILITY

You expressly understand and agree that BYTSYZ will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages relating directly or indirectly to the use of its Services.

15. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these T&C, there shall be no third party beneficiaries to this Agreement.

16. NOTICES

BYTSYZ may provide you with notices, including those regarding changes to the T&C, by email.

17. CANCELLATION AND REFUND

If a purchaser has met all obligations under this T&C and decides not to use the registration key, he/she is entitled to a full refund, following the application of a £3.00 administration fee. The refund request must be received within five days of purchase.

There will be no refund provided if the request is outside of the five day time-frame or if the registration key has been used.

BYTSYZ will make an account cancellation and discretionary refund when access to the student learning zone is restricted due to a failure of the BYTSYZ system for longer than 24 hours.

BYTSYZ will not cancel an account or make a refund where access to the student learning zone is restricted due to a failure of client side software or hardware.

BYTSYZ will not cancel an account or make a refund where access to the student learning zone is restricted due to a circumstances beyond its reasonable control, including: acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of BYTSYZ or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce).

In the event that the student is unsatisfied with the mode of delivery, BYTSYZ will not make a refund.

18. POSTAGE, LOST OR DAMAGE IN THE POST AND FEES

• BYTSYZ will not be held responsible for any indirect loss caused to you or your business or any related party. This includes, but is not limited to, those losses resulting from delayed deliveries
• BYTSYZ accepts no responsibility for any items dispatched via First Class Post non-recorded.
• In the unlikely event when a certificate is lost in the Royal Mail First Class Post, the Certificate re-issue fee(s) will apply:
  • BYTSYZ e-Learning Certificate for non-Accredited course and Recorded Signed For™ postage fee £23.50 + VAT
  • NCFE Certificate for Accredited Award and Recorded Signed For™ postage fee £45.50 + VAT

Last Updated: 08/06/2010